In the case of Western Union Telegraph Company v. Call Publishing Company, the Supreme Court ruled in favor of Western Union Telegraph Company. The dispute arose when Call Publishing Co., a newspaper publisher, accused Western Union of violating an agreement to provide telegraphic news dispatches and discriminating against them by providing preferential treatment to other publishers. However, the court found that there was no violation as the contract between both parties did not guarantee exclusivity or non-discrimination for news services provided by Western Union. Furthermore, it was noted that under its charter from Congress, Western Union had no obligation to serve all customers equally with respect to such services because they were not considered public utilities subject to common carrier rules.

In the dissenting opinion for Western Union Telegraph Company v. Call Publishing Company, Justice Harlan argued that the telegraph company was a public utility and therefore had an obligation to serve all customers without discrimination. He disagreed with the majority's view that Western Union could refuse service to certain customers based on its own business interests or preferences. Instead, he believed that as a public utility granted special privileges by the government, such as right of way over private property, it should be required to provide equal service to all who request it. Furthermore, he contended that allowing companies like Western Union to pick and choose their customers would lead to monopolistic practices and stifle competition in industries vital for communication and commerce.